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Employers have a legal and ethical responsibility to keep the workplace environment free from harassment. Federal and state laws obligate them to do so, and adhering to this duty not only ensures compliance but also protects employees, improves morale, and boosts productivity. A harassment-free workplace also safeguards the company’s reputation and reduces the likelihood of costly lawsuits.
Here are actionable strategies for employers to prevent claims.
What is Harassment?
According to the Equal Employment Opportunity Commission (EEOC), harassment is a form of employment discrimination prohibited under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).
Harassment typically involves unwelcome conduct based on a protected class, such as race, color, religion, sex, national origin, age, disability, or genetic information. It can also be based on other characteristics, such as educational background or socioeconomic status.
Harassment can occur when offensive conduct becomes a condition of employment or when the conduct is severe or pervasive enough to create an intimidating, hostile, or abusive work environment. Offensive conduct can include slurs, offensive jokes, physical assaults or threats of assaults, intimidation, offensive objects, mockery, and interference with work performance. Harassment can also be sexual (e.g., sexual language, requests, or advances) and can occur online (e.g., cyberbullying) or through visual media (e.g., offensive images).
Furthermore, harassment can be carried out by a supervisor, co-worker, agent of the employer, or nonemployee. A victim does not have to be the person harassed, but can be anyone affected by the offensive conduct. States may have additional laws regarding harassment (e.g., California’s Fair Employment and Housing Act) that employers must be aware of and follow.
Strategies to Prevent Workplace Harassment Claims
Employers can implement several measures to prevent harassment from occurring in the workplace. These actions can also enhance employee morale and productivity, as well as foster stronger employee relationships. Strategies to consider include the following:
1. Develop a Comprehensive Anti-Harassment Policy
Employers should have a comprehensive anti-harassment policy in the employee handbook that applies to all employees, regardless of rank. It should be clearly written, easily understandable, readily available on digital platforms, and routinely disseminated to employees. The policy should clearly define prohibited behaviors and provide specific examples. It should also include procedures for reporting and investigating complaints and emphasize that employees will not be punished for bringing forward issues or participating in investigations of wrongdoing.
2. Promote a Zero-Tolerance Approach
A zero-tolerance approach to harassment should be implemented within the organization. It should be unequivocal that any form of harassment is not tolerated, and clear consequences should be outlined for violating this policy. This helps reinforce the company’s commitment to preventing these issues from occurring and ensures those who break the zero-tolerance policy are held accountable.
3. Hold Mandatory Training and Provide Ongoing Education
Employers should ensure that all employees receive tailored training sessions that address harassment, outline the company’s policies regarding acceptable conduct, and clearly explain the reporting procedures. Interactive methods, such as role-playing and case studies, should be incorporated into these presentations to enhance engagement. Managers should also receive specialized training that equips them with the tools to effectively recognize and address harassment complaints. These sessions should include real-life scenarios to build confidence in handling sensitive issues. Business leaders should also ensure that education is ongoing and provide periodic refresher courses to reinforce the importance of the topic. Additionally, employers should keep detailed records of the information covered and the personnel who completed the required training.
4. Build a Positive Workplace Culture
Business leaders can help prevent harassment by fostering a culture of respect and inclusivity in the workplace. They should model appropriate behavior, establish safe reporting mechanisms that are accessible to employees, and provide multiple avenues for reporting harassment. Business leaders should foster open communication and cultivate an environment where employees feel free to report any issues or concerns. It should also be regularly emphasized that filing complaints or participating in a harassment investigation or lawsuit will not result in retaliation.
5. Respond to All Harassment Claims
A key aspect of a company’s anti-harassment policy is the requirement to investigate all harassment complaints in a timely and thorough manner. Procedures should be standardized and call for an impartial investigation that protects potential victims and follows due process requirements. Business leaders should keep complainants informed about progress while maintaining confidentiality and ensuring their safety. Independent investigators and outside counsel should also be utilized, and policies and procedures should dictate that corrective actions are taken immediately when harassment has been proven.
Conclusion
Harassment is a serious issue, and employers have a responsibility to ensure their workplace is free from it. By taking action to prevent harassment from occurring, employers can protect their employees, comply with applicable laws, and safeguard their business’s reputation.
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Harassment Prevention Training from GTM
GTM offers a wide variety of individual, interactive web-based trainings designed for managers and your entire workforce, including New York’s required sexual harassment prevention training.
We can offer multi-state harassment training options available for employees and managers. You can designate more than one training administrator for the site, track employee progress on the administrative dashboard with reporting export options, add new employees throughout the contract year, and assign training directly to employees.
Request more information and a complimentary consultation to explore training options tailored to your organization.
